[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Notices]
[Pages 31098-31099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12416]


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ENVIRONMENTAL PROTECTION AGENCY

[OPA-2004-0001; FRL-7669-4]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Oil Pollution Act Facility 
Response Plan Requirements (40 CFR Part 112) (Renewal), EPA ICR Number 
1630.08, OMB Control Number 2050-0135

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on May 31, 2004. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
This ICR describes the nature of the information collection and its 
estimated burden and cost.

DATES: Additional comments may be submitted on or before July 1, 2004.

ADDRESSES: Submit your comments, referencing docket ID number OPA-2004-
0001, to (1) EPA online using EDOCKET (our preferred method), by e-mail 
to [email protected], or by mail to: EPA Docket Center, Environmental 
Protection Agency, Office of Solid Waste and Emergency Response (OSWER) 
Docket, Mail Code 5305T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460, and (2) OMB at: Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 
725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Leigh DeHaven, Office of Solid Waste 
and Emergency Response, OEPPR, Mail Code 5203G, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 603-9065; fax number: (703) 603-9116; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On March 10, 2004 (69 FR 11422), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR under Docket ID 
number OPA-2004-0001, which is available for public viewing at the 
OSWER Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is (202) 566-1744, and the telephone number for the OSWER Docket 
is (202) 566-0270. An electronic version of the public docket is 
available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. 
Use EDOCKET to submit or view public comments, access the index listing 
of the contents of the public docket, and to access those documents in 
the public docket that are available electronically. Once in the 
system, select ``search,'' then key in the docket ID number identified 
above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice. EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing in EDOCKET as EPA receives them and without change, 
unless the comment contains copyrighted material, CBI, or other 
information whose public disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in EDOCKET. The entire printed comment, including the 
copyrighted material, will be available in the public docket. Although 
identified as an item in the official docket, information claimed as 
CBI, or whose disclosure is otherwise restricted by statute, is not 
included in the official public docket, and will not be available for 
public viewing in EDOCKET. For further information about the electronic 
docket, see EPA's Federal Register notice describing the electronic 
docket at 67 FR 38102 (May 31, 2002), or go to http://www.epa.gov/edocket.
    Title: Oil Pollution Act Facility Response Plan Requirements (40 
CFR Part 112) (Renewal).
    Abstract: The authority for EPA's facility response plan 
requirements is derived from section 311 of the Clean Water Act, as 
amended by the Oil Pollution Act of 1990. EPA's regulation is codified 
at 40 CFR 112.20 and 112.21. All facility response plan (FRP) reporting 
and recordkeeping activities are mandatory. The burden changes in this 
renewal ICR primarily reflect adjustments to the number of facilities

[[Page 31099]]

over time. This information collection request renewal also 
incorporates impacts associated with a program change to the Spill 
Prevention, Control and Countermeasure (SPCC) regulations since the 
last ICR approval (May 2, 2001). EPA issued revisions to the final SPCC 
regulations on July 17, 2002.
    A facility-specific response plan (FRP) will help an owner or 
operator identify the necessary resources to respond to an oil spill in 
a timely manner. If implemented effectively, the FRP will reduce the 
impact and severity of oil spills and may prevent spills because of the 
identification of risks at the facility. Although the owner or operator 
is the primary data user, EPA also uses the data in certain situations 
to ensure that facilities comply with the regulation and to help 
allocate response resources. State and local governments may use the 
data, which are not generally available elsewhere and can greatly 
assist local emergency preparedness planning efforts.
    EPA reviews all submitted FRPs and must approve FRPs for those 
facilities whose discharges may cause ``significant and substantial 
harm'' to the environment in order to ensure that facilities believed 
to pose the highest risk have planned for adequate resources and 
procedures to respond to a spill. (See 40 CFR 112.20(f)(3) for further 
information about the criteria for ``significant and substantial 
harm.'')
    None of the information to be gathered for this collection is 
believed to be confidential. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number. The OMB 
control numbers for EPA's regulations in 40 CFR are listed in 40 CFR 
part 9 and are identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 60 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    Respondents/Affected Entities: The owner or operator of a facility 
that is required to have a SPCC plan under the Oil Pollution Prevention 
regulation (40 CFR part 112) and that could cause ``substantial harm'' 
to the environment must prepare and submit to EPA a facility response 
plan. (See 40 CFR 112.20(b)(1) and (f) for further information about 
the criteria for substantial harm.'')
    Estimated Number of Respondents: 10,644.
    Frequency of Response: On occasion, as needed.
    Estimated Total Annual Hour Burden: 634,994.
    Estimated Total Annual Cost: $17,931,000, includes $21,000 annual 
startup/capital costs, $0 annual O&M costs and $17,910,000 annual labor 
costs.
    Changes in the Estimates: There is an increase of 51,864 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase is due to an adjustment to account 
for growth of the affected facility universe over time. This increase 
is partially offset, however, due to program changes to the Spill 
Prevention, Control, and Countermeasure (SPCC) Plan regulations that 
exclude wastewater treatment facilities.

    Dated: May 21, 2004.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. 04-12416 Filed 6-1-04; 8:45 am]
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